Amended in Senate June 1, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 438


Introduced by Assembly Member Chiu

(Coauthors: Assembly Members Alejo and Gonzalez)

February 23, 2015


An actbegin delete to amend Section 7292 of the Government Code, andend delete to amend Section 124 of the Labor Code, relating to state government.

LEGISLATIVE COUNSEL’S DIGEST

AB 438, as amended, Chiu. State government: workers’ compensation: bilingual services.

Existing law, the Dymally-Alatorre Bilingual Services Act, requires every state agency, as defined, to provide information regarding public services in a non-English language if a substantial number of the public contacted by the agency are non-English speaking.begin delete Existing law requires a state agency to employ a sufficient number of bilingual persons for those purposes. Existing law exempts the State Compensation Insurance Fund from those provisions.end delete

Existing law establishes a workers’ compensation system to compensate an employee for injuries sustained in the course of his or her employment. Existing law establishes, in the Department of Industrial Relations, a Division of Workers’ Compensation to administer those provisions. In administering and enforcing those provisions, existing law requires the division to protect the interests of injured workers and requires all forms and notices to be given to employees by the division to be in English and Spanish.

This bill would make the provisions of the Dymally-Alatorre Bilingual Services Act applicablebegin delete to the State Compensation Insurance Fund, andend delete to the Department of Industrial Relations and Division of Workers’ Compensation when providing those forms and notices.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin delete
P2    1

SECTION 1.  

Section 7292 of the Government Code is amended
2to read:

3

7292.  

(a) Every state agency, as defined in Section 11000,
4directly involved in the furnishing of information or the rendering
5of services to the public whereby contact is made with a substantial
6number of non-English-speaking people, shall employ a sufficient
7number of qualified bilingual persons in public contact positions
8to ensure provision of information and services to the public, in
9the language of the non-English-speaking person.

10(b) For the purposes of this chapter, the furnishing of
11information or rendering of services includes, but is not limited
12to, providing public safety, protection, or prevention, administering
13state benefits, implementing public programs, managing public
14resources or facilities, holding public hearings, and engaging in
15any other state program or activity that involves public contact.

end delete
16

begin deleteSEC. 2.end delete
17begin insertSECTION 1.end insert  

Section 124 of the Labor Code is amended to
18read:

19

124.  

(a) In administering and enforcing this division and
20Division 4 (commencing with Section 3200), the department and
21 the division shall protect the interests of injured workers who are
22entitled to the timely provision of compensation.

23(b) Forms and notices required to be given to employees by the
24department or the division shall be in English and comply with
25the Dymally-Alatorre Bilingual Services Act (Chapter 17.5
26(commencing with Section 7290) of Division 7 of Title 1 of the
27Government Code).



O

    97